Refusal To Act - Law Dictionary Search Results
Home Dictionary Name: refusal to act Page: 2Dower
Dower [fr. dos, dotis, Lat., a marriage gift; dotare dower, Fr., endow, to furnish with a marriage portion. Dotarium, M. Lat., dotaire, Prov.; douaire, Fr.; a dowry of marriage provision; douairiere, a widow in possession of her portion, a dowager], the right which a wife has in the third part of the lands and tenements of which her husband dies possessed in fee-simple, fee-tail general, or as heir in special tail, which she holds from and after his decease, in severalty by metes and bounds, for her life, whether she have issue by her husband or not, and of what age soever she may be at her husband's decease, provided she be past the age of nine years.The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in case the deceased husband was a lunatic or defective on January 1st, 1925, and died without regaining testamentary capacity or before...
Refusal
The act of refusing denial of anything demanded solicited or offered for acceptance...
Arrest of judgment
Arrest of judgment, Formerly an unsuccessful defendant might move that the judgment for the plaintiff be arrested or withheld, notwithstanding a verdict given, on the ground that there was some substantial error appearing on the face of the record which vitiated the proceedings. (See now R.S.C. Ords. XXVII. And XXXIX.) Judgment may be arrested for good cause in criminal cases, if the indictment be insufficient. See Archbold's Criminal Pleading.Means the staying of judgment after its entry, especially, a court's refusal to render or enforce a judgment because of a defect apparent from the record. At Common Law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the pleading or when the case alleged in the pleadings is legally insufficient. Today, that type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded, ...
Character
Character. Witnesses to speak to the good character of a prisoner may be called by him in his defence, and, if they speak to nothing else, it is the custom that the counsel for the prosecution should not reply. it is not allowable to state any particulars of the prisoner'' conduct, either in proof of his good or bad character; but if he call witnesses to his good character, a previous conviction against him maybe put in evidence. Witnesses to the bad character of prisoner can be called only to contradict witnesses to his good character, and evidence so called must be confined to general reputation, R. v. Rowton, (1865) 34 LJ MC 57. But a previous conviction may then be given in evidence in many cases, as in any case of an offence against the (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), by s. 116 of that Act.Questioning of Witness.--A witness may also be questioned as to whether he has been convicted of any felony or misdemeanour, and proof of his conviction may be given if he eit...
Hue and Cry
Hue and Cry [fr. huer, Fr. to shout; crier, to cry aloud; hutesium et clamor, Lat.], the old common law process of pursuing with horn and voice felons and such as have dangerously wounded another. It may be raised by constables, or private persons, or both. If the constable or peace officer concur in the pursuit, he has the same power, etc., as if acting under a magistrate's warrant. All who join in a hue and cry, whether a constable be present or not, are justified in the apprehension of the person pur-sued, though it turn out that he is innocent; and where he takes refuge in a house, may break open the door, if admittance be refused; and by the Sheriffs Act, 1887 (50 & 51 Vict. c. 55), re-enacting 3 Edw. 1, c. 9, 'Every person in a county must be ready and appareled at the command of the sheriff, and at the cry of the country to arrest a felon,' and in default 'shall on conviction be liable to a fine.' But if a man wantonly or maliciously raise a hue and cry, he is liable to fine and...
renunciation
renunciation : the act or practice of renouncing ;specif : the act of refusing to continue to acknowledge, recognize, or be bound by a contract or obligation : repudiation ...
Cremation
Cremation, the disposal of a dead body by burning instead of by burial. This is not illegal, unless it be done so as to cause a nuisance, or with the intention of preventing a coroner's inquest, Rg. V. Price, (1884) 12 QBD 247. But it is the duty of executors to bury the body of their testator, although the will may direct some other person to cause it to be burnt, Williams v. Williams, (1882) 20 Ch D 659. If burial in consecrated ground and cremation are both desired, cremation should precede and not follow burial, and the Burial Service maybe read in connection with the burial of the ashes; see Re Dixon, 1892 p. 394, where an applicationto exhume, after 18 years' burial, for the purpose of cremation, was refused. The (English) Cremation Act, 1902 (3 Edw. 7, c. 8), empowers burial authorities (see BURIAL) to establish crematoria on plans approved by the Minister of Health and certified to be in accordance therewith by the Secretary of State, but no crematorium may be nearer than 200 y...
Other
Other, in a charter-party, it was provided that the owners were liable to pay for 'port charges, pilotages, and other expenses at those ports'. The expression 'other expenses' must be construed ejusdem generis; so that the owners did not have to pay for coals which the charters by a previous clause have undertaken to provide and pay for, The Durham City, 58 LT 46.Other, must mean 'some other person' than the trustee deceased or going abroad or retiring or refusing or becoming incapable to act and also other than a trustee making appointment, that is to say, other than the appointer himself because the general practice of the conveyances, the understanding of lawyers and the purposes of deeds like this are against the notion of executor or administrator of the last acting trustee of appointing himself, Skeats v. Evans, (1889) 42 Ch D 522....
Disallowance
The act of disallowing refusal to admit or permit rejection...
Denial
The act of gainsaying refusing or disowning negation the contrary of affirmation...
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